What is the statute of limitations on misdemeanor theft and how can I take care of it quickly?

UPDATED: Mar 2, 2012

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What is the statute of limitations on misdemeanor theft and how can I take care of it quickly?

A potential employer did a background check on me and found a pending case from 16 years ago. I inquired and it is from a video rental establishment. I went to my local magistrate and they said the documents have been destroyed and I need to go to the county it happened in and have them reenter the case so they can serve me. Isn’t there a statute of limitations on things like this? I assume it is from an unreturned movie myself or someone did not return on my account. How quickly can I take care of this? I am to start work in one week. The employer said I cannot start if it is not taken care of.

Asked on March 2, 2012 under Criminal Law, North Carolina


Richard Southard / Law Office of Richard Southard

Answered 11 years ago | Contributor

In New York a prosecution for a misdemeanor offense is two years, with the exception of tax offenses which is three years.  The rest of your question leads me to believe the case is not in NY.  In NY, if no arrest was made within two years of the crime, it can not be brought now but there would be nothing to take care of. The only way in NY this would still be an open case is if you failed to appear in court and a bench warrant was issued.

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